Cell-Cultured Food Regulations

This issue tracker focuses on the rulemaking process for cell-cultured meat by the U.S. Department of Agriculture (USDA) and the Food and Drug Administration (FDA). It also tracks recent state bans on cell-cultured meat. Legislation, regulations, and litigation related to the labeling of cell-cultured meat products are covered in the Meat Labeling issue tracker. This tracker includes developments from 2018 to present. 

While the Center for Agricultural and Shale Law makes every effort to maintain and update the content furnished in this tracker, no warranty or other guarantee is made regarding the timeliness and accuracy of any information provided. If you spot incorrect or missing information, feel free to contact us. 

7.12.24 – The U.S. Department of Agriculture (USDA) Food and Nutrition Service (FNS) denied Iowa’s request for a waiver to exclude cultivated-protein food products from eligibility under the Supplemental Nutrition Assistance Program (SNAP). In a letter to the Iowa Department of Health and Human Services, the USDA stated that the request failed to demonstrate how the exclusion would improve nutrition levels or how the state would evaluate the impact of the policy. Iowa submitted the waiver request on May 24, 2024, following the passage of SF 2391 on May 15, 2024. The law requires the state’s health and human services department to seek a waiver or other exemption to prohibit the purchase of cultivated protein food products and fabricated-egg products under the federal nutrition program. 

6.21.23 – Upside Foods announced that the U.S. Department of Agriculture’s (USDA) Food Safety and Inspection Service (FSIS) issued the company a Grant of Inspection (GOI), marking the successful completion of the pre-market regulatory review process and allowing Upside Foods to produce and distribute their cell-cultured chicken in the United States. The USDA approval comes after the company received a “No Questions” letter from the U.S. Food and Drug Administration (FDA) on November 16, 2022, and obtained label approval from the USDA on June 14, 2023. Upside Foods expressed their satisfaction with the approval, stating “Now that we’ve received clearance to begin commercial production, we can proceed with scaling up our operations.” It is important to note that Upside Foods’ cell-cultured chicken will be subject to the same inspection process and bear the USDA seal as conventionally produced meat.

3.21.23 – The U.S. Food and Drug Administration (FDA) completed its second pre-market consultation for a cell-cultured food product developed by GOOD Meat, Inc., a Californian-based subsidiary of Eat Just. GOOD Meat, Inc. uses animal cell culture technology to cultivate chicken cells in a controlled environment, aiming to produce cultured animal cell food for human consumption. While the pre-market consultation does not grant approval, it indicates that the FDA has thoroughly reviewed the date and has found no additional safety concerns. Prior to entering the U.S. food market, cultured animal cell food must meet FDA requirements and undergo inspection by the U.S. Department of Agriculture’s (USDA) Food Safety and Inspection Service (FSIS). 

11.16.22 – The U.S. Food and Drug Administration (FDA) issued a news release announcing it completed the first pre-market consultation for human food derived from animal cell culture technology. UPSIDE Foods, a Californian-based food technology company, submitted information about their products derived from chicken cells and FDA stated there are no further questions about the company’s “safety conclusion.” FDA wrote, “In addition to meeting the FDA’s requirements, including facility registration for the cell culture portion of the process, the firm will need a grant of inspection from the United States Department of Agriculture Food Safety and Inspection Service (USDA-FSIS) for the manufacturing establishment. Additionally, the food itself requires a mark of inspection from USDA-FSIS before it can the U.S. market.” 

10.19.22 – The U.S. Food and Drug Administration (FDA) announced two final guidance documents for producers of animal cells, tissues, and cell- and tissue-based products (ACTPs): Guidance #253: Current Good Manufacturing Practice for Animal Cells, Tissues, and Cell- and Tissue-Based Products and Guidance #254: Donor Eligibility for Animal Cells, Tissues, and Cell- and Tissue-Based Products. ACTPs are “products that contain, consist of, or are derived from cells or tissues that are intended for implantation, transplantation, infusion, or transfer into an animal recipient” and are most commonly used in dogs, cats, and horses, but may be further cultivated for other species. Guidance #253 provides ACTP producers with instructions regarding facilities, processing, distribution, and contamination prevention to meet current good manufacturing practices under the Federal Food, Drug, and Cosmetic Act (FDCA). Guidance #254 recommends that ACTP donors should only be eligible if the donor tests negative and presents no signs of any relevant diseases. Both documents were published for comment in September 2022 and incorporated public feedback received by FDA. 

10.7.20 – The U.S. Food and Drug Administration (FDA) issued a notice in the Federal Register requesting information regarding the labeling of foods comprised of or containing cultured seafood cells. According to the notice, foods comprised of or containing cultured seafood cells will soon be put on the market and FDA would use available information and data to determine what regulatory actions are needed. The public comment period will close on Mar. 8, 2021.

4.7.20 – The U.S. Government Accountability Office (GAO) issued a report, titled “FDA and USDA Could Strengthen Existing Efforts to Prepare for Oversight of Cell-Cultured Meat,” to the Honorable Rosa DeLaura, chairwoman of the House of Representatives Subcommittee on Labor, Health and Human Services, Education, and Related Agencies, Committee on Appropriations. In this report, the U.S. GAO “(1) describes what is known about methods for commercially producing cell-cultured meat and (2) examines the extent to which FDA and USDA are collaborating to provide regulatory oversight of cell-cultured meat.”

3.7.19 – The U.S. Department of Agriculture (USDA) and Food and Drug Administration (FDA) released a formal agreement, which sets out the responsibilities and roles of the two agencies in overseeing cell-cultured meat production, processing and labeling.  

6.15.18 – The U.S. Food and Drug Administration (FDA) issued a statement that the agency has regulatory authority over cell-cultured food products: “Under the Federal Food, Drug, and Cosmetic Act, the FDA has jurisdiction over ‘food,’ which includes ‘articles used for food’ and ‘articles used for components of any such article.’ Thus, as a starting point, both substances used in the manufacture of these products of animal cell culture technology and the products themselves that will be used for food are subject to the FDA’s jurisdiction.”

Upside Foods, Inc. v. Simpson, et al. [Case open]
USDC N.D. Florida, No. 4:24-cv-316
No. 24-13640

8.12.24 – Upside Foods, Inc. filed a complaint against the Commissioner of the Florida Department of Agriculture and Consumer Services, challenging the constitutionality of the state’s recent ban on the production, distribution, and sale of cultivated meat. The company argued that the ban violates the dormant Commerce Clause, claiming that it was enacted to protect in-state agricultural interests at the expense of out-of-state competitors. Additionally, Upside Foods argued that the state law conflicts with federal regulations governing cultivated meat. The company emphasized that the FDA approved cultivated meat as safe and that the ban is not based on legitimate health or safety concerns but is instead a politically motivated effort to shield local farmers and ranchers, ultimately limiting innovation and restricting consumer choice in Florida. 

• Plaintiff filed a motion for preliminary injunction (8.23.24) 
• The federal district court denied plaintiff’s motion for preliminary injunction (10.11.24) 
• Plaintiff filed an amended complaint (11.1.24) 
• Plaintiff filed a notice of appeal with the U.S. Court of Appeals for the Eleventh Circuit, opposing the court’s decision to deny a preliminary injunction (11.5.24) 
• Both Commissioner Simpson and the State Attorney filed separate motions to dismiss the case, arguing that the plaintiff’s preemption claim fails because the statute at issue neither purposely discriminates against out-of-state residents nor imposes a substantial burden on interstate commerce (11.15.24) 

Alabama | Florida | Iowa | Mississippi | Nebraska | South Dakota

Alabama

5.8.24 – Alabama Governor Kay Ivey signed into law SB 23, defining cell-cultured food product as “any food product produced from cultured animal cells” and prohibiting its manufacture, sale, or distribution in the state. Violation of this rule is considered a Class C misdemeanor. Additionally, food sales establishments found selling or distributing cell-cultured food products may face disciplinary action, including permit suspension or revocation. Similar actions can be taken if the owner or an employee of the establishment is found guilty of violating the law. The law became effective on October 1, 2024.  

Florida

5.1.24 – Florida Governor Ron DeSantis signed into law SB 1084, prohibiting the production, distribution, and sale of “cultivated meat” within the state. The legislation defines “cultivated meat” as “any meat or food product produced from cultured animal cells.” Violations of the law are considered a second-degree misdemeanor, punishable by a fine of up to $500 or imprisonment for up to 60 days. Furthermore, the law allows for the suspension of licenses for stores or restaurants found selling “cultivated meat.” The law became effective on July 1, 2024.   

Iowa

5.15.24 – Iowa Governor Kim Reynolds signed into law SF 2391, also known as the Iowa Meat Integrity Act, which provides specific labeling requirements for cultured meat and egg products. The law, however, prohibits schools from purchasing “cultivated protein” food products, defined as “a food product having one or more sensory attributes that resemble a type of tissue originating from an agricultural food animal but that, in lieu of being derived from meat processing, is derived from manufacturing cells, in which one or more stem cells are initially isolated from an agricultural food animal, are grown in vitro, and may be manipulated, as part of a manufacturing operation.” Furthermore, the Iowa Department of Health and Services (HHS) may seek an exemption if the U.S. Department of Agriculture (USDA) approves “cultivated-protein” and “fabricated-egg” products for purchase under the federal Supplemental Nutrition Assistance Program (SNAP) for low-income individuals and mothers.  The law became effective on July 1, 2024. 

Mississippi

3.21.25 – The Mississippi legislature passed HB 1006 on March 12 and, in accordance with the state Constitution (Art. 4, sec. 72), it became law without the governor’s signature on March 21, 2025. The bill, which passed unanimously in both chambers, defines “cultivated meat” as “any food product produced from cultured animal cells,” and prohibits the manufacture, sale, or distribution of such products within the state. Under the law, violations are classified as misdemeanors, punishable by a $500 fine or up to three months in county jail. The law will become effective on July 1, 2025. 

Nebraska

8.30.24 – Nebraska Governor Pillen issued Executive Order No. 24-09 immediately banning state agencies from purchasing lab-grown or cell-cultured meat products. The executive order defines these products as food items with sensory attributes resembling tissue from domesticated animals but produced through cell cultivation rather than traditional meat processing. The cells are isolated from animals, grown in vitro, and manipulated for manufacturing. Governor Pillen justified the prohibition by highlighting the importance of transparency in food labeling, the economic significance of Nebraska’s natural meat industry, and research suggesting that cultivated meat has a greater environmental impact than conventionally produced meat. He also announced plans to collaborate with state legislators in the upcoming session to draft legislation for a total ban on these products. 

South Dakota

2.27.25 – South Dakota Governor Rhoden signed into law HB 1118, which prohibits the use of state funds for the research, production, promotion, sale, or distribution of cell-cultured protein. The law defines “cell-cultured protein” as “a product produced for use as human food, made wholly or in part from any cell culture or the DNA of a host animal, and grown or cultivated outside a live animal.” This law builds on HB 1022, which was enacted on February 11, 2025, and prohibits the misbranding of cell-cultured protein products.